force majeure

Force Majeure

Events outside the control of the parties. These events are acts of man, nature, governments and regulators, or impersonal events. Contract performance is forgiven or extended by the period of force majeure.

force majeure

Something outside the control of parties to a contract and which could not have been foreseen or planned for.Usually found in construction contracts,suspending the time limits in the event of a force majeure.It can include Acts of God,such as tornadoes and hurricanes,or acts of humans,such as a strike,terrorist attack,or other such disruptive event.

It should be made clear in both purchase and sale agreements and tolling agreements whether either (1) the withdrawal of an authorization due to government action or (2) the revocation of an authorization due to the actions of another customer or buyer in the same facility constitutes an event of Force Majeure excusing performance.

Provided they are made correctly and in time, US and European coffee trade rules permit declarations of force majeure to delay shipment for a certain time until the situation blocking delivery is resolved.

Most standard contracts include a force majeure clause, which basically protects the supplier/manufacturer from unexpected circumstances ( something which experts at Eversheds believe the last-minute change in date would be classed as.

A force majeure event that has a material impact on the performance of the services for a minimum period (usually this is a termination right for the customer only, and a force majeure event should not relieve the provider from activating a disaster recovery or business continuity plan if otherwise part of the agreed-upon services); and

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